Can you do whatever you like? Delhi High Court questions ECI on deployment of teachers for SIR duty

The Delhi High Court has questioned the Election Commission of India (ECI) over its deployment of school teachers for special intensive revision (SIR) duty in the national capital. The court sought to know whether the ECI can unilaterally take action under Article 324 of the Constitution, which grants it powers of superintendence and control over elections. The court also asked about the authority under which the poll body is directing teachers to work on SIR duties, noting that they have no choice in accepting such duties.

The Delhi High Court has raised questions about the Election Commission of India's (ECI) deployment of school teachers for special intensive revision (SIR) duty in Delhi. A Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia asked whether the ECI can do whatever it pleases under Article 324 of the Constitution, which grants it powers of superintendence and control over elections. This development has significant implications for the relationship between the ECI and school teachers in Delhi.

Article 324 of the Constitution confers upon the ECI the power to conduct elections for parliament and state legislatures. The Representation of People Act, 1951, also grants the ECI powers under Section 13B(2) to engage staff for electoral duties. However, the court's questioning suggests that there may be concerns about the scope of these powers and their impact on school teachers in Delhi.

The court's questions highlight a potential conflict between the ECI's powers under Article 324 and the rights of school teachers in Delhi. While the ECI argues that it can engage staff liberally to avoid inconvenience, the court is seeking clarity on the authority under which this is being done. The court's observation that teachers have no choice in accepting SIR duties also raises concerns about their autonomy and consent.

The outcome of this matter has not yet been reported. However, it is clear that the Delhi High Court is scrutinizing the ECI's deployment of school teachers for SIR duty in Delhi. Practitioners should watch this space for further developments, as the court's ruling may have significant implications for the relationship between the ECI and school teachers in Delhi.